surfj9009
Regular Member
imported post
So here is the statement I plan to read at next weeks city council session. I should have an appointment set to see the chief of police tomorrow. I will know when I can see her in the morning sometime. City council allows 3 minutes during open forum. If I read this out load, it is just past 3 minutes.
Just FYI, a training officer for Spokane PD told me they get most of their training materials from the LED's and the City Attorney. There is always somebody from the City Attorneys office at the council meetings, so I feel the need to address them as well. So here is my statement to the council. Please give me any suggestions you think are needed. Any at all.
My name is XXXXXXX and I live at XXXXXXX. Thank you council members for providing an open forum tonight. I will read a statement to best utilize my 3 minutes, and it can be found in your packet for further review. I have put together some information regarding the lawful open carrying of a firearm. I would like to see a training directive similar to these developed immediately for the Spokane Police Department to ensure that all dispatchers, operators, and police officers are fully aware of the laws in Washington regarding this issue. None of our citizens should have their rights abrogated due to an officer or dispatcher not knowing the law. I am here to urge the council and the city attorney’s office to work with Chief Kirkpatrick to implement a training directive specifically covering “open carry” and proper police conduct and response to such.
Please see the following items:
I have personally had conversations with multiple officers about the legality of open carry. On several occasions I have been told “it is illegal” or “if you have a concealed pistol license, you must conceal it”, neither of which are correct. I have also been told “You may end up getting arrested, so you should keep it concealed”, and several times I have heard “I don’t know if it is legal or not”.
After hearing of another incident recently of a business owner calling the police and receiving false information from the police department, I am compelled to address this issue here tonight.
RCW 9.41.270 states in part:
It shall be unlawful for any person to carry, exhibit, display….any firearm… in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
There is a big difference between something that "causes" alarm, and something that "warrants" alarm. See the provided opinion, State vs. Casad or State vs. Spencer.
Utilizing a training bulletin to review the law with officers would certainly help eliminate some of the confusion. The increased safety for Spokanes citizens is important to me and my family, and as a law abiding citizen, I do not want to ever see the bad end of an officer responding to "a man with a gun" call.
In closing, without the proper training and review of these laws and the associated case law provided, this is a huge gray area that puts citizens at risk in this city everyday. No responsible law abiding citizen deserves that, nor can the city afford a potential lawsuit being filed due to improper conduct of its officers or violations of civil and constitutional rights. I urge the city and the police department to implement a training directive regarding “open carry” immediately.
Thank you for your time.
So here is the statement I plan to read at next weeks city council session. I should have an appointment set to see the chief of police tomorrow. I will know when I can see her in the morning sometime. City council allows 3 minutes during open forum. If I read this out load, it is just past 3 minutes.
Just FYI, a training officer for Spokane PD told me they get most of their training materials from the LED's and the City Attorney. There is always somebody from the City Attorneys office at the council meetings, so I feel the need to address them as well. So here is my statement to the council. Please give me any suggestions you think are needed. Any at all.
My name is XXXXXXX and I live at XXXXXXX. Thank you council members for providing an open forum tonight. I will read a statement to best utilize my 3 minutes, and it can be found in your packet for further review. I have put together some information regarding the lawful open carrying of a firearm. I would like to see a training directive similar to these developed immediately for the Spokane Police Department to ensure that all dispatchers, operators, and police officers are fully aware of the laws in Washington regarding this issue. None of our citizens should have their rights abrogated due to an officer or dispatcher not knowing the law. I am here to urge the council and the city attorney’s office to work with Chief Kirkpatrick to implement a training directive specifically covering “open carry” and proper police conduct and response to such.
Please see the following items:
- Washington Gun Rights pamphlet published by my organization
- Court case opinion from State vs. Casad
- Training bulletins from the following cities in Washington
- Federal Way
- Olympia
- Bellevue
- King County
- Everett
- Kent
I have personally had conversations with multiple officers about the legality of open carry. On several occasions I have been told “it is illegal” or “if you have a concealed pistol license, you must conceal it”, neither of which are correct. I have also been told “You may end up getting arrested, so you should keep it concealed”, and several times I have heard “I don’t know if it is legal or not”.
After hearing of another incident recently of a business owner calling the police and receiving false information from the police department, I am compelled to address this issue here tonight.
RCW 9.41.270 states in part:
It shall be unlawful for any person to carry, exhibit, display….any firearm… in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
There is a big difference between something that "causes" alarm, and something that "warrants" alarm. See the provided opinion, State vs. Casad or State vs. Spencer.
Utilizing a training bulletin to review the law with officers would certainly help eliminate some of the confusion. The increased safety for Spokanes citizens is important to me and my family, and as a law abiding citizen, I do not want to ever see the bad end of an officer responding to "a man with a gun" call.
In closing, without the proper training and review of these laws and the associated case law provided, this is a huge gray area that puts citizens at risk in this city everyday. No responsible law abiding citizen deserves that, nor can the city afford a potential lawsuit being filed due to improper conduct of its officers or violations of civil and constitutional rights. I urge the city and the police department to implement a training directive regarding “open carry” immediately.
Thank you for your time.
